MEMORANDUM OPINION
No. 04-10-00929-CV
MERCON DE NUEVO LAREDO, S.A., DE C.B. and Marcos Alejandro,
Appellants
v.
TOYOTA LIFT OF SOUTH TEXAS,
Appellee
From the County Court At Law No 1, Webb County, Texas
Trial Court No. 2009-CVQ-001807-CI
Honorable Alvino (Ben) Morales, Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: January 26, 2011
DISMISSED FOR LACK OF JURISDICTION
The trial court signed a final judgment on August 4, 2010. Appellants filed a timely
motion for new trial on September 3, 2010. Therefore, the notice of appeal was due to be filed
on November 2, 2010. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the
notice of appeal was due on November 17, 2010. See TEX. R. APP. P. 26.3. Appellants filed a
notice of appeal on January 3, 2011, and a motion for extension of time to file the notice of
04-10-00929-CV
appeal on December 30, 2010. It thus appears that neither document was filed within the time
allowed for filing a motion for extension of time to file the notice of appeal.
A motion for extension of time is necessarily implied when an appellant, acting in good
faith, files a notice of appeal beyond the time allowed by Rule 26.1 but within the fifteen-day
grace period provided by Rule 26.3 for filing a motion for extension of time. See Verburgt v.
Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). But “once
the period for granting a motion for extension of time under Rule [26.3] has passed, a party can
no longer invoke the appellate court’s jurisdiction.” Id. Accordingly, appellants’ motion and
this appeal are dismissed for lack of jurisdiction.
PER CURIAM
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